Res 62-91 RESOLUTION NO. 62-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING 10 FEET
RIGHT-OF-WAY LYING WITHIN SECTION 18, TOWNSHIP 46
SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA; SAID PROPERTY BEING LOCATED BETWEEN LAKE IDA
ROAD AND ATLANTIC AVENUE ON THE EAST SIDE OF CONGRESS
AVENUE, DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach is the fee-simple owner of
the 10 feet of right-of-way lying within Section 18, Township 46 South,
Range 43 East; and,
WHEREAS, STS Land Associates, L.P., applicant, has made ap-
plication for abandonment of the 10 feet of right-of-way lying within
Section 18, Township 46 South, Range 43 East; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said portion of
right-of-way,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
A parcel of land in the Northeast Quarter (NE 1/4) of
Section 18, Township 46 South, Range 43 East, Palm
Beach County, Florida, being more particularly
described as follows:
The West 10.00 feet of the following described parcel:
Commencing at a point in the south line of the North
Half (N 1/2) of the Southeast Quarter (SE 1/4) of the
Northeast Quarter (NE 1/4) of said Section 18; said
line being hereinafter referred to as Line "A", where
said line intersects the westerly right-of-way line of
the Seaboard Airline Railroad; thence, northerly along
said right-of-way line, a distance of 723 feet, when
measured at right angles to said Line "A"; thence
westerly parallel to said Line "A", a distance of 300
feet to the Point of Beginning and the southeast
corner of the parcel of land herein described.
Thence northerly parallel to said westerly
right-of-way line, a distance of 171.00 feet; thence,
westerly, a distance of 35.01 feet; thence, southerly
parallel to said westerly right-of-way line, a
distance of 171.24 feet; thence easterly, parallel to
said Line "A", a distance of 35.00 feet to the Point
of Beginning.
Said parcel being the same west 10.00 feet of that
certain'35.00 foot road right-way for Northwest 18th
Avenue as recorded in Official Records Book 6815, Page
1657, Public Records of Palm Beach County, Florida.
The above-described parcel contains an 0.0393 acre
parcel of land.
The subject property is located between Lake Ida Road
and Atlantic Avenue on the east side of Congress
Avenue, Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 13th day of
August, 1991.
ATTE ST:
- CitY Clerk - ~
-2- Res. No. 62-91
Abandonment
Congress Industrial Service Center
1" = 300' Scale
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C.E WOLF
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MA~.~AGER~'I
SUBJECT: AGENDA ITEM ~ ~- MEETING OF AUGUST 13, 1991
RESOLUTION NO. 59-91
DATE: August 7, 1991'
This is a Resolution vacating and abandoning a 16 foot alleyway lying
within Block 7, Rio Del Rey in conjunction with the Ninth Street Plaza
aka Shoney's development. The abandonment of the alleyway is required
as a condition of the final plat and site plan approval for this
project. With the development of the site, the alley area will be
used for parking. The existing utilities within the alley are to
remain and replacement easements will be dedicated during replat of
~he property.
The petition for abandonment has been accepted and has been reviewed
and approved by all City utilities and outside utility agencies. The
Planning and Zoning Board at their June 17th meeting recommended
approval of the abandonment subject to the condition that the
abandon~nent resolution be recorded simultaneously with the plat. The
request for final plat approval is also on your agenda for action, and
thus, this requirement will be satisfied should the Commission approve
that action.
Recommend approval of Resolution No. 59-91 subject to the condition as
recommended by the Planning and Zoning Board.
RESOLUTION NO. 59-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 16
FOOT ALLEYWAY LYING WITHIN BLOCK 7, RIO DEL REY, A
SUBDIVISION AS RECORDED IN PLAT BOOK 12, PAGE 84 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
WHEREAS, S.E. 9th Street Associates, Ltd., is the fee-simple
owner of All of Block 7, Rio Del Rey, a Subdivision as recorded in Plat
Book 12, Page 84 of the Public Records of Palm Beach County, Florida;
and,
WHEREAS, M. Mark Marsh, Agent, has made application for aban-
donment of a 16 foot alleyway lying within Block 7, Rio Del Rey; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said alleyway,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
A 16 foot alleyway lying within Block 7, Rio Del Rey,
a Subdivision as recorded in Plat Book 12, Page 84 of
the Public Records of Palm Beach County, Florida.
The above-described parcel contains a 0.165 acre
parcel of land.
The subject property is located on the north side of
S.E. 10th Street, between S.E. 5th Avenue and S.E. 6th
Avenue, Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 13th day of
August, 1991.
MAYOR
ATTEST:
City Clerk
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KATHLEEN E. DEARDEN, PLANNER II
DEPARTMENT OF PLANNING AND ZONING
THRoUgH: DAVID J~ KOVACS, DIRECTOR OF PLANNING & ZONING
DEPT.
SUBJECT: MEETING OF AUG. 13, 1991 **CONSEN~ AGENDA**
ALLEY ABANDONMENT, BLOCK 7~ RIO DEL REY, IN
ASSOCIATION WITH NINTH STREET PLAZA PLAT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of a 16 foot alley in Block
7, Rio Del Rey.
BACKGROUND:
The abandonment of the 16 foot alley is required as a
condition of the final plat and site plan approval for the
Ninth Street Plaza aka Shoney's project.
With the development of the site, the alley has been
petitioned for abandonment in' order to utilitize the alley
area for parking. The existing utilities within the alley
are to remain and replacement easements will be dedicated on
the replat of the property.
The petition for abandonment has been accepted and has been
reviewed and approved by all City utilities and outside
utility agencies.
The petition for the alley abandonment is now ready for City
Commission action.
City Commission Documentation
Alley Abandonment, Block 7, Rio Del Rey
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this petition at its
meeting of June 17, 1991. The Board recommended approval
with conditions. The only outstanding condition is that the
abandonment not be consummated until the plat is ready for
recording.
FINDINGS:
In accordance with Section 2.4.6(0)(5) all findings have
been met.
RECOMMENDED ACTION:
By motion, approval of the abandonment of the 16 foot alley
within Block 7, Rio Del Rey, more particularly described per
Resolution 91- , with the following condition:
The abandonment resolution must be recorded
simultaneously with the plat of Ninth Street Plaza.
Attachment:
*Resolution to be provided by City Clerks office
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CITY COMMISSION -
CITY OF DELRAY BEACH'---STAFF REPORT---
MEETING DATE: August 13, 199i
AGENDA ITEM:
o
ITEM: ,Abandonment of the 16 foot alley within Block 7, Rio Del Rey Subdivision
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GENERAL DATA:
Owner ........................... City of Delray Beach, Florida
Agent ........................... M. Mark Marsh
Location ........................ North of S.E. 10th Street and
south of S.E. 9th Street, between
$.E. 5th Avenue (Federal Highway
Southbound) and S.E. 6th Avenue
(Federal Highway Northbound).
Property Size ................... 0.165'
City Land Use Plan .............. General Commercial
City Zoning ..................... GC (General' Commercial) and
AC (Auto Related Commercial)
Existing Land Use ............... Public Right-of-Way
Development Proposal ............ Consolidation of parcels for
automobile dealership and
proposed retail.
Request ......................... Abandonment of 16' alley
right-of-way, within Block 7 of
the Rio Del Rey subdivision.